Dissertations (Masters)

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Browsing Dissertations (Masters) by Author "Mwitasi, Killey Ebrania"

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    Recognition and enforcement of foreign judgements in East African Community: Efficiency and the challenge in the harmonisation process
    (Mzumbe University, 2014) Mwitasi, Killey Ebrania
    This work deals with the legal regime on recognition and enforcement of foreign judgements in the EAC member states. Recognition and enforcement of foreign judgement is the act in which one sovereign state accepts and enforce the judgement given in another foreign state. It could be noted that due to the international principle on territory sovereignty, no foreign court can render a judgement which will have an automatic legal force in another sovereign state unless there is agreement to that effect. The increase in movement of people and goods, and the social and economic interrelations among peoples of different jurisdictions has lead the world or other jurisdiction in the world to think and create an easy way of resolving dispute arising out of those commercial and social interrelations by adopting conventions which make easy for the parties to resolve disputes which contains foreign elements. The EU has a good legal regime under its Brussels Regime. The EAC and the Africa as a whole has not made effort to have such kind of regional convention which will make the dispute and judgement rendered in one state accepted in another foreign state without unnecessary complications. This is due to poor policy framework and political commitment to enact such kind of convention. In order to get precise materials for writing this work, researcher employed two research techniques, library research and field research. In library research materials were gathered from legislations, policy documents, newspapers and magazines, articles, textbooks, and case law. In field research the tools employed includes; interviews, questionnaires, email and telephone interviews. The research conducted revealed that there is no EAC convention on recognition and enforcement of foreign judgement among members state, instead reciprocity arrangement between states applies. Each state has its own legal regime for this purpose which varies from one another. This may be attributed to the fact that private international law was in early years rarely taught in EAC old universities making the old generation lawyers unfamiliar with the principle at study.